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Judgment
The challenge is against the course and proceedings whereby Annexure-P1 dated 17.09.2019 tender has been finalised, virtually excluding the petitioner, after rejection of his Technical Bid and in awarding the contract to the 3rd respondent with regard to transportation of food grains from the premises of Civil Supplies Corporation to the retail outlets.
Learned counsel for the petitioner points out that as per the terms of Annexure-P2 tender dated 14.08.2019, the last date for submission of the tender was on 29.08.2019 and as per Clause-4, all the relevant documents ought to have been submitted along with a declaration on a stamp paper worth Rs.100/- in the form as given in Schedule-7. Separate declarations were to be there in respect of both the Technical Bid as well as the Financial Bid. The 3rd respondent in fact, did not satisfy the requirements and no proper declaration was submitted by him to make him eligible to get the contract. With reference to copies of the relevant documents produced by the 3rd respondent, particularly, Annexure-P4 declarations at Page-77 to 79 of the Writ Petition, the learned counsel submits that the declaration made by the 3rd respondent was obviously on 18.06.2019 and attested by Notary on 18.06.2019; whereas, the tender was floated by the respondent-Corporation, vide Annexure-P2, only about two months later, on 14.08.2019. The declaration is having an important role insofar as it has to be certified that all the entries in the tender were true and correct and that there was no suppression in any manner. This being the position, the tender submitted on 29.08.2019 by the 3rd respondent was not supported by a 'valid declaration' with reference to the contents of the tender; the declaration having been dated about two months ago, ie much prior to the notification of the tender.
The above vital defect was pointed out by the petitioner by filing Annxure-P5 representation dated 04.09.2019 which bears the initials and 'dated seal' of respondents- 1 and 2. Without concerning the matter, the proceedings have been finalised and the work has been awarded to the 3rd respondent, which is beyond all canons of law and is liable to be interdicted by this Court, submits learned counsel for the petitioner.
Learned standing counsel for the respondents- 1 and 2 submits that Annexure-P/5 will be caused to be considered and finalised, if it is still pending, adding that, if aggrieved, the petitioner is having the remedy by way of Arbitration.
We are not impressed with the said submission. Detailed reply, if at all any, shall be filed by the respondents concerned. The matter stands submitted. Notice taken by the standing counsel for respondents-1 and 2.
Urgent notice to respondent- 3 by registered post and also by 'Dasti' service returnable within ten days. PF to be paid as per rules.
The respondents will stand injuncted from proceeding with the work awarded to the 3rd respondent for the time being. We also record that, if the version of the petitioner is not correct in any manner, appropriate steps will be pursued against the petitioner as well and he will have to bear the consequences in the due course.
Post on 2nd December, 2019.